Undeclared Earnings

Disclaimer:
*This asterisk denotes recent case law.

Questions to Answer



NOTE: EI Regulations section 15 Employment Insurance Regulations has been repealed, which leaves subsection 19(3) of the EI Act   Employment Insurance Actinoperative. Weeks commencing August 12, 2001 and greater will be determined and allocated on a weekly basis in accordance with Regulations sections 35 and   Employment Insurance Regulations 36 Employment Insurance Regulations (see Earnings).
  1. Are the earnings listed in Regulations subsection 15(2) Employment Insurance Regulations?
  2. Have the undeclared earnings been assigned to the claim in accordance with the Act and Regulations?
  3. Have they been deducted from the benefits paid in accordance with the Act and Regulations (fraud, non-fraud)?


References


 
Act: subsections 19(2),19(3) Employment Insurance Act

Regulations: section 15 Employment Insurance Regulations

Legal test


 
This subsection applies only to undeclared earnings, and only to those earnings included in Regulations subsection 15(2) Employment Insurance Regulations.

Onus of proof


 
Claimant must prove that the requirements for receiving benefits are met, and there are no disentitling or disqualifying conditions: Act subsection 49(1) Employment Insurance Act 

Key Case Law


 
CUB 41987 Umpire Decision, CUB 42966 Umpire Decision:  Assignment of earnings

CUB 42924 Umpire Decision:  Assignment of earnings, penalty

CUB 43602 Umpire Decision:  Assignment of earnings, penalty, violation

CUB 43808 Umpire Decision:  Assignment of earnings, penalty, violation

CUB 45321 Umpire Decision:  Assignment of earnings does not include undeclared vacation pay paid as a lump sum on separation, but does include vacation pay paid on each cheque.



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